detention, either in official custody (e.g.when held pending deportation or
extradition) or in private hands. Deriving from the royal prerogative and therefore
originally obtained by petitioning the sovereign, it is now issued by the Divisional
Court of the Queen's Bench Division, or, during vacation, by any High Court judge.
If on an application for the writ the Court or judge is satisfied that the detention is
prima facie unlawful, the custodian is ordered to appear and justify it, failing which
release is ordered.
habitual residence The place or country in which a person has his home.
Habitual residence is necessary in order to establish *domicile.
hacking n. Gaining unauthorized access to a computer system. This is a summary
offence under the Computer Misuse Act 1990.Under this Act it is also an offence,
triable summarily or on indictment, to engage in hacking with the intention of
committing another offence (e.g. theft, diverting funds), or to destroy, corrupt, or
modify computer-stored information or programs while hacking. This offence can
be committed either through using one computer to gain access to another
computer or simply by gaining access to one computer only. *Copyright protection
applies. See alsoDATA PROTECTION.
Hague Conventions The Hague Conventions for the Pacific Settlement of
International Disputes: a series of international conventions on the laws of war (3 in
1899 and 13 in 1907). The 1899 Conventions established a *Permanent Court of
Arbitration, which was active before the Permanent Court of International Justice
and the *International Court of Justice functioned. The Hague Conventions are still
in force but their provisions are often inapplicable to modern warfare. See also
GENERAL PARTICIPATION CLAUSE; GENEVA CONVENTIONS; MARTENS CLAUSE.
Hague Rules See BILL OF LADING; INTERNATIONAL CARRIAGE.
half a year (in a lease) A *fixed term that begins on a quarter day and ends on the
next but one quarter day.
half blood See CONSANGUINITY.
half-pay A method of remunerating officers who are retained on the active list
but are not for the time being required to perform military or naval duties. It is
now only applicable to field marshalls.
half-secret trust (semi-secret trust) A trust whose existence is disclosed on the
face of the will or other document creating it but the beneficiaries of which are
undisclosed, though known to the secret trustee(s). See also SECRET TRUST.
Hamburg Rules See BILL OF LADING; INTERNATIONAL CARRIAGE.
handguns See FIREARM.
handling stolen goods Dishonestly receiving goods that one knows or believes
to be stolen or undertaking, arranging, or assisting someone to retain, remove, or
dispose of stolen goods. Under the Theft Act 1968, this is an offence subject to a
maximum sentence of 14 years' imprisonment. "Stolen goods" include not only goods
that have been the subject of theft but also anything that has been obtained by
"blackmail or *deception. The theft or other crime may have occurred at any time
and anywhere in the world, provided the handling occurs in England or Wales. There
is also a provision to extend the concept of stolen goods to the proceeds of their sale.
Thus if A steals goods, sells them for .3000, and gives part of the money to B,B is
guilty of handling if he knows the money represents the proceeds of the sale of
stolen goods. If A then buys a car with the rest of the .3000 and C agrees to dispose
of the car for A, knowing or believing that it was bought with the proceeds of sale
of stolen goods, C will also be guilty of handling, since he has "undertaken to dispose
of stolen goods". The crime is therefore very widely defined; it also covers, for
instance, forging or providing new documents and number plates for stolen cars
and contacting and negotiating with dealers in stolen property (fences). See also
DISHONESTY.
Hansard n. The name by which the Official Report of Parliamentary Debates is
customarily referred to (after the Hansard family, who - as printers to the House of
Commons - were concerned with compiling reports in the 19th century). Reporting
was taken over by the government in 1908,and separate reports for the House of
Commons and the House of Lords are published by The *Stationery Office in daily
and weekly parts. They contain a verbatim record of debates and all other
proceedings (e.g.question time). Members of Parliament have the right to correct
anything attributed to them, but may not make any other alterations. In certain
circumstances Hansard may be used to discover the will of Parliament, as an aid to
judicial statutory interpretation when legislation is unclear. Compare JOURNALS.
harassment n. Under amendments made in 1994 to the Public Order Act 1986,an
offence is committed when harassment, alarm, or distress is caused to the victim. See
HARASSMENT OF DEBTORS; HARASSMENT OF OCCUPIER; NUISANCE NEIGHBOURS; RACIST ABUSE;
SEX DISCRIMINATION; STALKING; THREATENING BEHAVIOUR.
harassment of debtors Behaviour designed to force a debtor or one believed to
be a debtor to pay his debt. This is a criminal offence, punishable by fine, if the debt
is based on a contract and the nature or frequency of the acts subject the debtor (or
members of his household) to alarm, distress, or humiliation. Harassment also
includes false statements that the debtor will face criminal proceedings or that the
creditor is officially authorized to enforce payment and using a document that the
creditor falsely represents as being official. The offence may overlap with the crime
of *blackmail, but it will also cover cases in which the creditor believes he is
entitled to act as he does (which might not amount to blackmail).
harassment of occupier The offence of a landlord (or his agent) using or
threatening violence or any other kind of pressure to obtain possession of his
property from a tenant (the residential occupier) without a court order. The offence
is found in the Protection from Eviction Act 1977and includes interfering with the
tenant's peace or comfort (or that of the tenant's household), withdrawing or not
providing services normally required by the tenant (e.g. cutting off gas or electricity,
even when the bills have not been paid), and preventing the tenant from exercising
any of his rights or taking any legal or other action in respect of his tenancy. The
Act does not apply, however, to a displaced residential owner, as opposed to a
landlord (see alsoFORCIBLE ENTRY). The Protection from Harassment Act 1997 prohibits
harassment; the offence is punishable with a jail sentence of up to five years. See also
NUISANCE NEIGHBOURS.
harbouring n. Hiding a criminal or suspected criminal. This will normally
constitute the offence of *impeding apprehension or prosecution. See also ESCAPE.
hard law See SOFT LAW.
harmonization of laws The process by which member states of the EU make
changes in their national laws, in accordance with *Community legislation, to
produce uniformity, particularly relating to commercial matters of common
interest. The Council of the European Union has, for example, issued directives on
the harmonization of company law and of units of measurement. Compare
APPROXIMATION OF LAWS.
hay bote See ESTOVERS.
headings pl. n. Words prefixed to sections of a statute. They are treated in the
same way as *preambles and may be used to assist in resolving an ambiguity.
Health and Safety Commission A body responsible for furthering the general
purposes of the Health and Safety at Work Act 1974,for example by advising and
promoting research and training. It also appoints a Health and Safety Executive,
which shares with local authorities responsibility for enforcing the Act and operates
for this purpose through such inspectorates as the Factories and Nuclear
Installations Inspectorates. See also SAFETY AT WORK.
Health Authority A body through which the health service is administered and
supplied at district level. Health Authorities came into being in April 1996 with the
merger of the District Health Authorities and the Family Health Service Authorities
(see NATIONAL HEALTH SERVICE), with the aim of ensuring better coordination of
purchasing across primary and secondary health care. They are responsible for
developing strategies to improve health and for securing a wide range of health-care
services for their populations.
health records Records kept by the National Health Service about patients. Under
the Access to Health Records Act 1990,from 1 November 1991most patients were
given the right to see their health records. The patient does not have to give a
reason for wanting access and can authorize someone else, such as his solicitor, to
obtain access on his behalf. It is a policy of the Department of Health that
individuals are permitted to see what has been written about them and that healthcare
providers should make arrangements to allow patients to see, if they wish,
records other than those covered by the 1990Act. This Act has been amended by the
Data Protection Act 1998 (see also DATA PROTECTION).
Health Service Commissioners Commissioners (one each for England and
Wales) instituted by the National Health Service Reorganization Act 1973.They
investigate complaints by members of the public of hardship or injustice suffered
through failure in a health-care service and other cases of maladministration by a
*Health Authority. They also now investigate complaints about general
practitioners, dentists, pharmacists, and opticians. Complaints must be made directly
to a Commissioner within one year of the date on which the matter first came to
the complainant's notice. Certain matters (e.g.alleged professional negligence) are
excluded from investigation. Both offices are in practice held by the *Parliamentary
Commissioner for Administration.
hearing n. The trial of a case before a court. Hearings are usually in public but the
public may be barred from the court in certain circumstances (see IN CAMERA).
Hearing Officer An officer of the *European Court of Justice whose role was
established in 1982 after criticism of the administrative nature of the decisionmaking
process of the Commission in *competition law cases. His terms of
reference were published in the Commission's XXth Report on Competition Policy.
He organizes and chairs hearings, decides the date, duration, and place of hearings,
seeks to ensure protection of the interests of defendants, and supervises the
preparation of minutes of hearings. He will, in addition, prepare his own report of a
hearing and make recommendations as to the future conduct of the matter.
hearsay evidence Evidence of the statements of a person other than the witness
who is testifying and statements in documents offered to prove the truth of what
was asserted. In general, hearsay evidence is inadmissible (the rule against hearsay)
but this principle is subject to numerous exceptions. In civil cases, the Civil Evidence
Act 1995abolished the rule against hearsay. The 1995Act provides that what in civil
litigation would formerly have been called "hearsay evidence" may be used when a
notice of the intention to reply on that evidence is given. It is for the court to
decide at trial what weight to put on any particular evidence, whether it is hearsay
or not. At common law, there are numerous exceptions applicable to both civil and
criminal cases, e.g. *declarations of deceased persons, evidence given in former trials,
*depositions, *admissions, and *confessions. Some exceptions apply only to criminal
cases, e.g. *dying declarations and statements admitted under the Criminal Justice
Act 1988 (which makes most first-hand hearsay and certain business documents
admissible). See also ADMISSIBILITY OF RECORDS; ORIGINAL EVIDENCE.
hedgerow n. A row of shrubs or small trees bordering a field or lane. Hedging of
ancient origin is protected under the Hedgerow Regulations 1997. Farmers are
required to notify local authorities of their intention to uproot a hedgerow,
allowing time for a protection order to be issued; the notification period is
currently 42 days. Failure to comply with the regulations is punishable by an
unlimited fine.
heir n. Before 1926, the person entitled under common law and statutory rules to
inherit the freehold land of one who died intestate. The Administration of Estates
Act 1925 abolished these rules of descent and the concept of heirship, except that
*entailed interests and in certain rare cases the property of mental patients devolve
according to the old rules. In addition, the Law of Property Act 1925 provides that a
conveyance of property in favour of the heir of a deceased person conveys it to the
person who would be the heir under the old rules. Where these exceptions apply, an
heir apparent is the person (e.g.an eldest son) who will inherit provided that he
outlives his ancestor; an heir presumptive is an heir (e.g. a daughter) whose right to
inherit may be lost by the birth of an heir with greater priority (e.g.a son). See also
HEIRS OF THE BODY.
heir apparent See HEIR.
heirloom n. A *chattel that, by custom or close association with land, passed on
the owner's death with his house to his heir and did not form part of his residuary
estate. Heirlooms now pass to the deceased's personal representatives unless special
provision is made for them to pass to the heir direct. When heirlooms are held,
together with land, under a settlement, the *tenant for life is entitled under the
Settled Land Act 1925 to sell the heirlooms. The price is payable to the trustees as
*capital money.
heir presumptive See HEIR.
heirs of the body Lineal descendants who were entitled to inherit freehold land
under the rules applying on intestacy before the Administration of Estates Act 1925.
A conveyance of land "to A and the heirs of his body" creates an *entailed interest
that devolves to descendants only, according to the old rules. Thus (1) males are first
in priority and the principle of primogeniture applies, e.g. an older son is preferred
to a younger; (2)in the absence of male heirs, females in equal degree share the land
equally; and (3) lineal descendants of an heir represent him, thus the son of an older
son who dies will inherit to the exclusion of a younger son.
Helms-Burton Act The Cuban Liberty and Democratic Solidarity (Libertad) Act
1996: an Act of the US Congress under which nationals of third states dealing with
US property expropriated by the Cuban revolutionary state, using such property, or
benefiting by it may be sued for damages before American courts and even face
being barred from entry into the United States.
help at court See COMMUNITY LEGAL SERVICE; ABWOR.
hereditament n. 1. Historically, any real property capable of being passed to an
*heir. Corporeal hereditaments are tangible items of property, such as land and
buildings. Incorporeal hereditaments are intangible rights in land, such as
easements and profits it prendre. 2. A unit of land that has been separately assessed
for rating purposes.
Her Majesty's Stationery Office (HMSO) The government's official publisher,
which was privatized on 1 October 1996. Most of its functions were taken over by
The *Stationery Office; however, certain of its functions have been retained. These
include administration of Crown and Parliamentary copyright, overseeing the
functions of the Queen's Printer in relation to Acts of Parliament, statutory
instruments, and some other material of an official or legislative nature, the
administration of the library subsidy, and provision of official publications to
members of the European Parliament. It operates as part of the Office of Public
Services in the Cabinet Office. The Copyright Unit of Her Majesty's Stationery Office
handles day-to-day administration in this area.
high contracting parties The representatives of states who have signed or
ratified a *treaty. From the point of view of international law it is immaterial
where the treaty-making power resides (e.g.in a head of state, a senate, or a
representative body): this is a question determinable by the constitutional law of the
particular contracting state concerned. Other nations are entitled only to demand
from those with whom they contract a de facto capacity to bind the society that
they represent. The House of Lords has held that the determination of who the high
contracting parties are is to be based upon the terms of the individual treaty in
question. Thus the signatories, as well as the parties, can be considered to be high
contracting parties.
High Court of Justice A court created by the Judicature Acts 1873-75, forming
part of the *Supreme Court of Judicature. Under Part 7 of the *Civil Procedure
Rules, which sets out the rules for starting proceedings, the High Court is restricted
to (1) personal injury claims of .50,000 or more, (2) other claims exceeding .15,000, (3)
specialist High Court claims that are required to be placed on a specialist list (e.g.
the Commercial List), and (4) claims that are required by statute to be commenced in
the High Court. The High Court has *appellate jurisdiction in civil and criminal
matters. It is divided into the three Divisions: the *Queen's Bench Division,
*Chancery Division, and *Family Division.
high seas The seas beyond *territorial waters, i.e. the seas more than 12 miles
from the coasts of most countries. The English courts have jurisdiction to try
offences committed by anyone anywhere on the high seas in a British ship. They also
have jurisdiction to try offences committed anywhere in the world on board a
British-controlled aircraft while it is in flight. Sometimes these offences amount to
the special crimes of "hijacking or *piracy.
The high seas as defined by Article 86 of the UN Convention on the Law of the Sea
1982 exclude the *exclusive economic zone. However, the freedoms of all states to
fly over, navigate, lay submarine cables, etc., in the exclusive economic zone, as
stated in the earlier Geneva Convention on the High Seas 1958, have been preserved
in Article 58 (1) of the UN Convention. See also LAW OF THE SEA.
highway n. A road or other way over which the public may pass and repass as of
right. Highways include *footpaths, *bridle ways, *driftways, carriage ways, and culde-
sacs. Navigable rivers are also highways. A highway is created either under
statutory powers or by dedication (express or implied) by a landowner and
acceptance (by use) by the public. Once a highway has been created, it does not cease
to be a highway by reason of disuse. Obstructing a highway is a public nuisance (see
also OBSTRUCTION), and misuse of the public right to pass and repass over a highway is
a trespass against the owner of the subsoil of the highway.
hijacking n. Seizing or exercising control of an aircraft in flight by the use or
threat of force (the term derives from the call "Hi Jack," used when illegal alcohol
was seized from bootleggers during Prohibition in the United States). Hijacking is
prohibited in international law by the Tokyo Convention 1963, which defines the
conditions under which jurisdiction may be assumed over hijackers, but does not
oblige states to exercise such jurisdiction and does not create an obligation to
extradite hijackers. There is also a Hague Convention of 1970 and a Montreal
Convention of 1971 creating the offences of unlawfully seizing or exercising control
of an aircraft by force or threats and of sabotaging aircraft; these conventions
provide for compulsory jurisdiction as well as extradition. In English law, hijacking
and similar offences are governed by the Hijacking Act 1971, the Protection of
Aircraft Act 1973, and the Aviation Security Act 1982.
hire 1. vb. To enter into a contract for the temporary use of another's goods, or
the temporary provision of his services or labour, in return for payment. In the case
of goods, the person hiring them is a bailee (see BAILMENT). 2. n. a. The act of hiring.
b. The payment made under a contract of hire.
hire purchase A method of buying goods in which the purchaser takes possession
of them as soon as he has paid an initial instalment of the price (a deposit) and
obtains ownership of the goods when he has paid all the agreed number of
subsequent instalments and exercises his option to purchase the goods. A hirepurchaseagreement
differs from a *credit sale agreement and a sale-byinstalments
contract because in these transactions ownership passes when the
contract is signed. It also differs from a contract of *hire, because in this case
ownership never passes. Hire-purchase agreements were formerly controlled by
government regulations that stipulated the minimum deposit and the length of the
repayment period. These controls were removed in July 1982. Hire-purchase
agreements were also formerly controlled by the Hire Purchase Act 1965, but most
are now regulated by the Consumer Credit Act 1974. In this Act a hire-purchase
agreement is regarded as one in which goods are bailed in return for periodical
payments by the bailee; ownership passes to the bailee if he complies with the terms
of the agreement and exercises his option to purchase.
A hire-purchase agreement often involves a finance company as a third party. The
seller of the goods sells them outright to the finance company, which enters into a
hire-purchase agreement with the hirer. In this situation there is generally no direct
contractual relationship between the seller and the buyer.
historic buildings See BUILDING PRESERVATION NOTICE; LISTED BUILDING.
HM Procurator General See TREASURY SOLICITOR.
HMSO See HER MAJESTY'S STATIONERY OFFICE.
holder n. The person in possession of a *bill of exchange or promissory note. He
may be the payee, the endorsee, or the bearer. A holder may sue on the bill in his
own name. When value (which includes a past debt or liability) has at any time been
given for a bill, the holder is a holder for value, as regards the acceptor and all who
were parties to the bill before value was given. A holder in due course is one who
has taken a bill of exchange in good faith and for value, before it was overdue, and
without notice of previous dishonour or of any defect in the title of the person who
negotiated or transferred the bill. He holds the bill free from any defect of title of
prior parties and may enforce payment against all parties liable on the bill.
holding company See SUBSIDIARY COMPANY.
holding out Conduct by one person that leads another to believe that he has an
authority that does not in fact exist. By the doctrine of *estoppel, the first person
may be prevented from denying that the authority exists. For example, a person
who wrongly represents himself as being a partner in a firm will be as liable as if
he were in fact a partner to anyone who gives credit to the firm on the faith of the
representation.
holding over The action of a tenant continuing in occupation of premises after
his lease has expired. If this is without the landlord's consent, the landlord may
claim damages from the tenant. If, however, a landlord accepts rent from a tenant
who is holding over, a new tenancy is created.
holograph n. A document written completely by the hand of its author; for
example, a will in the testator's own handwriting.
homeless person Under the Housing Act 1996, one who has no living
accommodation that he is entitled to occupy, or is unlawfully excluded from his
own living accommodation, or whose accommodation is mobile and cannot be placed
in a location where he is permitted to reside in it. Certain homeless people (e.g. the
elderly or infirm or those with dependent children) have a statutory right to
permanent local-authority accommodation or, if they became homeless intentionally,
to temporary accommodation.
home-loss payment Additional compensation paid under the Land Compensation
Act 1973 to a person on the compulsory acquisition of his property if he has
occupied it as his principal residence throughout the preceding five years.
Home Secretary The minister in charge of the Home Office, who is responsible
throughout England and Wales for law and order generally (including matters
concerning the police and the prison and security services) and for a variety of other
domestic matters, such as nationality, immigration, race relations, extradition, and
deportation. He also advises the sovereign on the exercise of the *prerogative of
mercy.
homicide n The act of killing a human being. Unlawful homicide, which
constitutes the crime of *murder, *manslaughter, or *infanticide, can only be
committed if the victim is an independent human being (see ABORTION), the act itself
causes the death (see CAUSATION), and the victim dies within a year after the act
alleged to have caused the death. A British citizen may be tried for homicide
committed anywhere in the world. Lawful homicide occurs when somebody uses
reasonable force in preventing crime or arresting an offender, in self-defence or
defence of others, or (possibly) in defence of his property, and causes death as a
result. See alsoEXCUSABLE HOMICIDE.
homosexual conduct Sexual behaviour between persons of the same sex. The
acts of *buggeryand *gross indecency are not crimes if the act is committed in
private and both parties are over the age of 16 and consent to the act. Lesbianism is
not a criminal act.
honorarium ri. A payment or reward made to a person for services rendered by
him voluntarily.
honour clause An express statement in a *contract that an agreement is
intended to be binding in honour only. The courts will usually allow it to take effect
and so will not enforce the agreement.
horizontal agreements Agreements between companies at the same level of
trade; for example, agreements between two or more manufacturers or wholesalers,
rather than between a manufacturer and a distributor (compare VERTICAL
AGREEMENTS). Horizontal agreements that restrict competition may infringe the
competition provisions of *Article 81 of the Treaty of Rome and the Chapter I
prohibition in the Competition Act 1998. Most *cartels are horizontal agreements.
hospital order An order of the Crown Court or a magistrates' court authorizing
the detention in a specified hospital (for a period of 12 months, renewable by the
hospital managers) of a convicted person suffering from *mental disorder. Unless a
*restriction order has also been made, discharge while an order is in force may be
authorized by the managers or the doctor in charge or directed by a *Mental Health
Review Tribunal.
hostage n. A person who is held as a security. Under the Taking of Hostages Act
1982,it is an offence, punishable in the English courts by a maximum sentence of
life imprisonment, to take anyone as a hostage against his will anywhere in the
world and to threaten to kill, injure, or continue to hold him hostage in order to
force a state, international governmental organization, or person to do or not to do
something. This is an extraditable offence, but prosecutions may only be brought
with the consent of the Attorney General. See also HIJACKING; KIDNAPPING; TERRORISM.
hostile witness An *adverse witness who wilfully refuses to testify truthfully on
behalf of the party who called him. A hostile witness may, with the permission of
the court, be cross-examined by that party, for example by putting to him a
*previous statement that is inconsistent with his present testimony.
hotchpot n. The bringing into account, on distribution of an intestate's estate, of
certain benefits separately conferred on the beneficiaries. In the case of total
intestacy, the Administration of Estates Act 1925 expressly brings the *rule against
double portions into operation. It provides that property given by the intestate
during his lifetime to any of his children must be brought into account, unless a
contrary intention is expressed or appears from the circumstances. Thus if A gives
.10,000 to his son B,and dies intestate leaving an estate worth .50,000 to which his
children Band C are entitled equally, Bwill in fact receive .20,000and C .30,000. The
rule applies only to lifetime gifts made by way of advancement (i.e. as permanent
provision and not for maintenance or temporary purposes). In the case of partial
intestacy, benefits conferred by the will on a surviving spouse and on the deceased's
issue (i.e. his children, grandchildren, and remoter direct descendants) are also
brought into account.
hot pursuit, right of The right of a coastal state to pursue a foreign ship within
its *territorial waters (or possibly its contiguous zone) and there capture it if the
state has good reason to believe that this vessel has violated its laws. The hot pursuit
may - but only if it is uninterrupted - continue onto the *high seas, but it must
terminate the moment the pursued ship enters the territorial waters of another
state, as such pursuit would involve an offence to the other state; in these
circumstances *extradition should be employed instead.
house bote See ESTOVERS.
housebreaking n. Forcing one's way into someone else's house. If this is carried
out with the intention of committing certain specified crimes in the house, or if,
after breaking into a house, certain crimes then take place, the housebreaking
amounts to *burglary. It is also a statutory offence, which is punishable by up to
three years' imprisonment, if a person has with him any article that he intends to
use in connection with burglary, theft, or criminal deception. In addition to the
usual housebreaking implements, this includes such things as rubber gloves to
conceal fingerprints.
House of Commons The representative chamber of *Parliament (also known as
the Lower House), composed of 659 Members of Parliament (MPs) elected for 529
single-member constituencies in England, 72 in Scotland, 40 in Wales, and 18 in
Northern Ireland (see ELECTION; FRANCHISE). The total number of MPs may within
certain limits be varied as a result of constituency changes proposed by the
*boundary commissions.
A number of people are disqualified from membership. They include those under
21, civil servants, the police and the regular armed forces, most clergy (but not
Nonconformist ministers), aliens, those declared bankrupt, convicted prisoners and
people guilty of corrupt or illegal practices, the holders of most judicial offices (but
not lay magistrates), and the holders of a large number of public offices listed in the
House of Commons Disqualification Act 1975. Public offices that disqualify include
stewardship of the *Chiltern Hundreds and the Manor of Northstead. The number
of members who may hold ministerial office is limited to 95. The House of Lords
Act 1999removed an earlier disqualification on hereditary peers from voting and
from being elected members of the House of Commons. The Removal of Clergy
Disqualification Bill,when enacted, will permit all clergy to be MPs.
The House is presided over by the Speaker,who is elected from among
themselves by the members at the beginning of each Parliament. The Speaker is
responsible for the orderly conduct of proceedings, which must be supervised with
complete impartiality, and is the person through whom the members may
collectively communicate with the sovereign. The Leader of the Houseis a
government minister responsible for arranging the business of the House in
consultation with the Opposition.
House of Commons Commission A body established in 1978 to supervise the
staffing of the House. It consists of the Speaker, the Leader of the House, and four
other members, one of whom is appointed by the Leader of the Opposition.
House of lords The second chamber of *Parliament (also known as the Upper
House), which scrutinizes legislation and has judicial functions. The House of Lords
Act 1999substantially changed the constitution of the House by excluding
hereditary peers from a place in the House as of right, although for a transitional
period 92 were allowed to remain on merit. Of these, 75 were elected by their own
political party or by cross-bench (usually non-party-political) groups. A further 15
hereditary peers were elected to act as Deputy Speakers or Committee chairmen.
Two hereditary royal appointments were also retained: the Earl Marshal and the
Lord Great Chamberlain. The other members of the Lords are (as at July 2001) life
peers (592) or bishops (26), comprising the Archbishops of Canterbury and York, the
Bishops of London, Durham, and Winchester, and 21 other Anglican bishops selected
according to seniority of appointment. Long-term reform of the Lords is currently
being debated; a white paper published in November 2001 proposed the following
composition of the Lords: 120 members to be elected by the public, 120 non-partypolitical
members to be selected by the *House of Lords Appointments Commission,
up to 332 members to be nominated by party leaders, and 16 bishops.
The House is presided over by the *Lord Chancellor and its business is arranged, in
consultation with the Opposition, by a government minister appointed Leader of
the House. The Lords is the final court of appeal in the UK in both civil and
criminal cases, although it refers some cases to the *European Court of Justice for a
ruling. In its judicial capacity the Lords formally adopts opinions delivered by an
Appellate Committee (of which there are two), and it is a constitutional convention
that the only peers who may participate in the proceedings of the committee are
the Lord Chancellor, the *Lords of Appeal in Ordinary, and others who have held
high judicial office.
House of lords Appointments Commission A body that recommends people
for appointment as non-party-politicallife peers and vets all nominations for
membership of the House of Lords. Set up by the Government following the House
of Lords Act 1999, which modernizes the Lords, the Commission is an independent
nondepartmental public body staffed by civil servants.
housing action area An area declared to be such by a housing authority on the
grounds that living conditions in it are unsatisfactory and should be dealt with
comprehensively over a five-year period. This is done by special measures to improve
the standards and management of accommodation and the well-being of the
inhabitants. A housing action area may incorporate a *general improvement area. See
also PRIORITY NEIGHBOURHOOD. Compare CLEARANCE AREA.
housing action trust (HAT) A statutory trust set up for a particular area with
the objects to secure: the repair and improvement of housing in the area; its proper
and effective management; greater diversity of kinds of tenure of the housing; and
the improvement of social and living conditions in the area generally. In their areas,
housing action trusts can be given power to exercise most of the functions of a
housing authority and the planning control and public-health functions of local
authorities. Local authority housing can be transferred to a housing action trust by
government order if a majority of the tenants agree. A housing action trust must
achieve its objects as quickly as possible and is then dissolved and its property
disposed of. Housing action trusts were introduced by the Housing Act 1988.
housing association A non-profit-making organization whose main purpose is to
provide housing. A *fully mutual housing association is excepted from the *assured
tenancy provisions. The *Housing Corporation can make grants to housing
associations registered by them.
housing association tenancy A tenancy in which the landlord is a housing
association, a housing trust, or the Housing Corporation. The Housing Act 1996 gave
certain housing association tenants a right to buy their homes, and they may be able
to obtain a grant towards the purchase price.
housing benefit A benefit payable by local authorities to those with no or very
low incomes who pay rent for their housing. There are two types: *rent rebates,
paid to the local authority's own needy tenants, and rent allowances, paid to tenants
other than their own (e.g. Housing Association tenants).
Housing Corporation A body with functions under the Housing Associations Act
1985and the Housing Act 1988.These include maintaining a register of *housing
associations, promoting and assisting the development of - and making and
guaranteeing loans to - registered housing associations and unregistered *self-build
societies, and providing dwellings for letting or sale.
Housing for Wales A body set up under the Housing Act 1988,having the
functions of the *Housing Corporation in respect to property and housing
associations in Wales. It was abolished by the Government of Wales Act 1998,its
functions being transferred to the Secretary of State pending transfer of powers to
the Welsh Assembly (1999).
Housing Ombudsman An official appointed, under the Housing Act 1996,to deal
with complaints against registered social landlords (not including loca~ authorities).
The first Housing Ombudsman was appointed with effect from 1 Apnl1997; he IS III
charge of the *Independent Housing Ombudsman.
housing subsidy An annual contribution from central government funds,
payable under the Housing Act 1985,towards the provision of housing by local
authorities and new town corporations.
housing trust A trust set up to provide housing, or whose funds are devoted to
charitable purposes and which in fact uses most of its funds for the provision of
housing. If it is a *fully mutual housing association, it is exempted from the
*assured tenancy provisions. See alsoHOUSING ACTION TRUST.
human assisted reproduction Techniques to bring about the conception and
birth of a child other than by sexual intercourse between the parties. It includes
artificial insemination by the husband (AIH)or by a donor (Dr), in vitro fertilization
(NF), and egg and embryo donation. Such methods mean it is no longer possi.ble to
base legal parentage solely on genetic links. Under terms of the Human Pertilization
and Embryology Act 1990,the legal mother is the woman who has given birth to the
child, regardless of genetic parentage, unless the child is subsequently adopted or a
*section 30 order is made. However, the Act is not retrospective and the position of
children conceived or born before the Act came into force has yet to be resolved.
The legal father is generally the genetic father except when the latter is a donor
whose sperm is used for licensed treatment under the 1990Act, or when the donor's
sperm is used after his death. If a wife conceives as a result o~ assis~ed reproduction.
her husband may be regarded as the child's legal father, even If he 1S not the genetic
father, as long as he consented to her treatment. However, this does not hold for all
purposes. For example, in a recent case it was ruled that a peer's "son" born by
donor insemination could not inherit his father's title when It was found after the
peer's death that his wife had been impregnated by sperm from a third party
(rather than from her husband) at the relevant clinic.
It is an offence to use female germ cells from an embryo or fetus, or to make use
of embryos created from such germ cells, for the purpose of providing a fertility
service. Such practice is already banned by the *Human Fertilization and
Embryology Authority. The offence is triable only on *indictment and is punishable
with up to ten years' imprisonment.
Human Fertilization and Embryology Authority A body, established under
the Human Fertilization and Embryology Act 1990, that monitors, controls, and
reviews research involving the use of embryos and issues licences for such research
and for treatment in *human assisted reproduction. It must also maintain a register
of persons whose gametes are kept or used for such purposes and of children born
as a result. Children over the age of 18 can apply to the Authority for information
concerning their ethnic and genetic background.
humanitarian intervention The interference of one state in the affairs of
another by means of armed force with the intention of making that state adopt a
more humanitarian policy, usually the protection of human rights of minority
groups. Despite debate, such intervention is not recognized as legal under the UN
Charter. However, states continue to rely on humanitarian grounds as justification
for military action; examples of humanitarian intervention include Vietnam's
invasion of Cambodia (1978), the declaration by the USA, the UK,Russia, and France
of an air exclusion zone in southern Iraq in an effort to protect the Shia Marsh
Arabs (1992), and military actions to protect the Muslim population of Kosovo (1999).
human rights Rights and freedom to which every human being is entitled.
Protection against breaches of these rights committed by a state (including the state
of which the victim is a national) may in some cases be enforced in international
law. It is sometimes suggested that human rights (or some of them) are so
fundamental that they form part of *naturallaw, but most of them are best
regarded as forming part of treaty law.
The United Nations Universal Declaration of Human Rights (1948) spells out most
of the main rights that must be protected but it is not binding in international law.
There are two international covenants, however, that bind the parties who have
ratified them: the 1966 International Covenant on Civil and Political Rights and
International Covenant on Economic, Social and Cultural Rights. The United Nations
has set up a Commission on Human Rights, which has power to discuss gross
violations of human rights but not to investigate individual complaints. The Human
Rights Committee, set up in 1977, has power to hear complaints from individuals,
under certain circumstances, about alleged breaches of the 1966 Covenant on Civil
and Political Rights. There are also various regional conventions on human rights,
some of which have established machinery for hearing individual complaints. The
best known of these is the *European Convention on Human Rights (enacted in
English law as the *Human Rights Act 1998)and the Inter-American Convention on
Human Rights (covering South America).
Human Rights Act Legislation, enacted in 1998, that brought the *European
Convention on Human Rights into domestic law for the whole of the UK on 2
October 2000. In the past the use of the Convention was limited to cases where the
law was ambiguous and public authorities had no duty to exercise administrative
discretion in a manner that complied with the Convention.
The Act creates a statutory general requirement that all legislation (past or
future) be read and given effect in a way that is compatible with the Convention.
Section 3 provides that all legislation, primary and secondary, whenever enacted,
must be read and given effect in a way that is compatible with Convention rights
wherever possible.
The Act requires public authorities - including courts - to act compatibly with
the Convention unless they are prevented from doing so by statute. This means that
the courts have their own primary statutory duty to give effect to the Convention
unless a statute positively prevents this. Section 7 gives the *victim of any act of a
public authority that is incompatible with the Convention the power to challenge
the authority in court using the Convention, to found a cause of action or as a
defence. The Act introduces a new ground of illegality into proceedings brought by
way of judicial review, namely, a failure to comply with the Convention rights
protected by the Act, subject to a 'statutory obligation' defence. Secondly, it will
create a new cause of action against public bodies that fail to act compatibly with
the Convention. Thirdly, Convention rights will be available as a ground of defence
or appeal in cases brought by public bodies against private bodies (in both criminal
and civil cases). Section 7(5) imposes a limitation period of one year for those
bringing proceedings.
However, only persons classified as "victims" by the Act are able to enforce the
duty to act compatibly with the Convention in proceedings against the authority,
and only victims will have standing to bring proceedings by way of judicial review.
Most private litigants, at least in private law proceedings, will count as victims.
The Convention rights that have been incorporated into the Act are: Articles 2 to
12, 14, 16, 17,18; Articles 1 to 3 of the First Protocol; and Articles 1 and 2 of the Sixth
Protocol (individual rights are subjects of entries in this dictionary). See ABSOLUTE
RIGHT; QUALIFIED RIGHT.
The Act requires any court or tribunal determining a question that has arisen in
connection with a Convention right to take into account the jurisprudence of the
Strasbourg organs (the European Court and Commission of Human Rights and the
Committee of Ministers). This jurisprudence must be considered "so far as, in the
opinion of the court or tribunal, it is relevant to the proceedings in which that
question has arisen", whenever the judgment, decision, or opinion to be taken into
account was handed down.
Section 19 provides that when legislation is introduced into Parliament for a
second reading, the introducing minister must make a statement, either (1) to the
effect that, in his view, the legislation is compatible with the Convention, or (2) that
although the legislation is not compatible with the Convention, the government still
wishes to proceed. If it is not possible to read legislation so as to give effect to the
Convention, then the Act does not affect the validity, continuing operation, or
enforcement of the legislation. In such circumstances, however, section 4 empowers
the high courts to make a declaration of incompatibility. Section 10 and schedule
2 provide a 'fast-track' procedure by which the government can act to amend
legislation in order to remove incompatibility with the Convention when a
declaration of incompatibility has been made.
The Act gives a court a wide power to grant such relief, remedies, or orders as it
considers just and appropriate, provided they are within its existing powers.
Damages may be awarded in civil proceedings, but only if necessary to afford *just
satisfaction; in determining whether or not to award damages and the amount to
award, the court must take account of the principles applied by the European Court
of Human Rights.
Sections 12 and 13 provide specific assurances as to the respect that will be
afforded to *freedom of expression and *freedom of thought, conscience, and
religion: these are 'comfort clauses' for sections of the press and certain religious
organizations. . .
The Act does not make Convention rights directly enforceable against a private
litigant, nor against a quasi-public body with some public functions if it is acting in
a private capacity. But in cases against a private litigant, the Act still has an effect
on the outcome, because the court will be obliged to interpret legislation in
conformity with the Convention wherever possible; must exercise any judicial
discretion compatibly with the Convention; and must ensure that its application of
common law or equitable rules is compatible with the Convention.
hybrid Bill See BILL
hybrid power See POWER OF APPOINTMENT.
hypothecation n. 1. A mortgage granted by a ship's master to secure the
repayment with interest, on the safe arrival of the ship at her destination, of money
borrowed during a voyage as a matter of necessity (e.g. to pay for urgent repairs).
The hypothecation of a ship itself, with or without cargo, is called bottomry; that
of its cargo alone is respondentia. It is effected by a bond, and the bondholder is
entitled to a maritime *lien. 2. An authority given to a banker, usually as a letter
of hypothecation, to enable the bank to sell goods or property that have been
pledged to it as security for a loan. It applies only when the goods remain in the
possession of the pledgor.
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